Author Topic: AG Merrick Garland threatens legal action if Texas Gov. Abbott does not rescind executive order on m  (Read 1296 times)

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Offline Free Vulcan

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U.S. Attorney General Merrick Garland on Thursday threatened legal action if Texas Gov. Greg Abbott (R) does not rescind an executive order that Garland characterized as "both dangerous and unlawful."

Abbott issued an executive order Wednesday that declared in part: "No person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by [U.S. Customs and Border Protection] for crossing the border illegally or who would have been subject to expulsion under the Title 42 order."

https://www.conservativereview.com/ag-merrick-garland-threatens-legal-action-if-texas-gov-abbott-does-not-rescind-executive-order-on-migrant-transportation-2654282405.html

The Republic is lost.

Offline AARguy

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Yay Governor Abbott!!!! Were with you!

Cmon Texas!!! SECEDE from the tyrants in DC!!

Secede!!!

Online Hoodat

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Justice Department threatens Texas with legal action over COVID-19 migrant order

Jeremy Beaman   |   July 29, 2021 07:38 PM


Attorney General Merrick Garland urged Texas Gov. Greg Abbott to withdraw the “dangerous and unlawful” executive order he instituted on Wednesday aimed at restricting the transport of illegal migrants in Texas who may have COVID-19.

Garland said Abbott’s order, which provides that “no person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants,” cannot be lawfully enforced. He threatened to take legal action against Texas if the Republican governor doesn’t withdraw the order.

“The order would jeopardize the health and safety of noncitizens in federal government custody, federal law enforcement personnel and their families, and our communities,” Garland told Abbott in a letter Thursday, also saying Texas can’t enforce the order against federal officials or private organizations working with the federal government.

Garland cited the Constitution’s supremacy clause, saying, “A state may not interfere with or obstruct these federal officials in the performance of their duties.”

https://www.washingtonexaminer.com/news/garland-threatens-abbott-migrant-order




Garland may want to actually read what the supremacy clause says:

Article VI
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

There is no law that says the federal government can transport illegal aliens (a.k.a. criminals) around a State with the expressed purpose of disregarding immigration laws.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Offline Elderberry

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TX Gov Signs Executive Order Outlawing Bussing and All Other Ground Transportation of Illegals

Gateway Pundit By Julian Conradson 7/29/2021

https://www.thegatewaypundit.com/2021/07/breaking-tx-gov-signs-executive-order-outlawing-bussing-ground-transportation-illegals/

Quote
The new guidance was issued just one day after he ordered Texas National Guard troops to assist local law enforcement with making arrests related to the “disaster” on the southern border.

Abbott cited Biden’s “refusal to enforce” Title 42 or any other US immigration law as the reasoning behind signing the order. He also explained how that dereliction of duty has led to predictable results which could be “catastrophic.”

“Biden’s failure to enforce the Title 42 order, combined with his refusal to enforce the immigration laws enacted by Congress, is having a predictable and potentially catastrophic effect on public health in Texas.  Biden has thwarted the Title 42 order’s effect by admitting into the United States and the State of Texas, migrants who are testing positive for COVID-19.”

It also directs Texas DPS officers to stop any vehicle suspected of transporting illegal border crossers, giving them the authority to send the migrants back to the border if necessary.

1.   “No person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by CBP for crossing the border illegally or who would have been subject to expulsion under the Title 42 order.

2.   The Texas Department of Public Safety (DPS) is directed to stop any vehicle upon reasonable suspicion of a violation of paragraph 1, and to reroute such a vehicle back to its point of origin or a port of entry if a violation is confirmed.

3.   DPS is authorized to impound a vehicle that is being used to transport migrants in violation of paragraph I, or that refuses to be rerouted in violation of paragraph 2.”

« Last Edit: July 30, 2021, 10:55:25 am by Elderberry »

Online Kamaji

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This should present an interesting case.

Offline IsailedawayfromFR

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The feds have zero authority to stop state officials to control threats to the public health within the state of Texas.

There really is no question about it.

If Garland himself came to Texas and was found to have Covid, he would be sent out of the state to protect Texas citizens.

And not a damn thing the feds could do about it.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline skeeter

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Sounds like its time for a showdown.

Abbott has a golden opportunity to show the nation the limit of federal power as in the 10th Amendment.
« Last Edit: July 31, 2021, 01:25:38 pm by skeeter »

Online libertybele

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Sounds like its time for a showdown.

Abbott has a golden opportunity to show the nation the limit of federal power as in the 10th Amendment.

Yes, it will be a showdown. I of course hope Abbot prevails, but I'm looking back when AZ stood their ground surrounding illegal immigration and Bammy sued them and won.  Hopefully this will have a different outcome.

The left wins because they stick together and people take to the streets in protests.  The rights loses because they don't stick together and they don't come together for their voices to be heard. Just sayin'

The Constitution should always prevail!!
I Believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes.  I therefore believe it is my duty to my country to love it; to support its Constitution; to obey its laws to respect its flag; and to defend it against all enemies.

Offline skeeter

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Yes, it will be a showdown. I of course hope Abbot prevails, but I'm looking back when AZ stood their ground surrounding illegal immigration and Bammy sued them and won.  Hopefully this will have a different outcome.

The left wins because they stick together and people take to the streets in protests.  The rights loses because they don't stick together and they don't come together for their voices to be heard. Just sayin'

The Constitution should always prevail!!
Maybe its time for a showdown with the courts as well. Right is right - if the courts are corrupt they should be disregarded as well. The Constitution says what it says.


Yeah I realize what this means.
« Last Edit: July 31, 2021, 02:12:13 pm by skeeter »

Online Hoodat

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If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Offline Elderberry

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Attorney General sues as Abbott's ban on migrant transports leaves hundreds stranded in Texas

Quote
Houston Chronicle by Jeremy Blackman, Jasper Scherer 7/31/2021

For weeks, the Stripes gas station on Veterans Boulevard in Del Rio has doubled as a release valve for the country’s straining immigration pipeline. Migrants awaiting court hearings are dropped off by border patrol, often by the dozens each day, and quickly swept onto buses out of town.

On Wednesday, Gov. Greg Abbott effectively shut it down, ordering state troopers to begin pulling over anyone transporting migrants who may be at risk of spreading COVID-19. Officials in Del Rio said it has left hundreds of people stranded with nowhere to go, and that the number will likely grow.

“If they’re not able to be transported out of here, to catch a bus to go on to wherever their destination is, then they end up being stuck in our communities, and that creates a problem for us,” said Val Verde County Commissioner Beau Nettleton, a Republican who has generally welcomed the governor’s border interventions.

In his order, Abbott blamed the Biden administration for failing to turn away more people at the border and said the action would prevent “busloads of migrants” from moving about the state, “an unknown number of whom are infected with COVID-l9.”

Officials in some border counties have complained recently about the sheer number of migrants being released into shelters, citing resurging COVID infections of the highly contagious delta variant. Last week, the city of Laredo sued the Biden administration over the influx.

More: https://www.houstonchronicle.com/politics/texas/article/Attorney-General-sues-as-Abbott-s-ban-on-16353403.php


Offline skeeter

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In spite of what the Houston chronicle hopes, I doubt anyone’s blaming Abbott for the consequences of Biden’s border policy.

Online Hoodat

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The feds have zero authority to stop state officials to control threats to the public health within the state of Texas.

There really is no question about it.

It is true that federal law overrules state law.  However, there is no federal law on the books that prohibits the actions that Texas is taking.

Now, let's take a look at what federal law actually does say:

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

(a)Criminal penalties
(1)
(A)Any person who—

(i)knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii)knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(iii)knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;

(iv)encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or

(v)
(I)engages in any conspiracy to commit any of the preceding acts, or

(II)aids or abets the commission of any of the preceding acts,

shall be punished as provided in subparagraph (B).
(B)A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—

(i)in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii)in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;  .  .  .

https://www.law.cornell.edu/uscode/text/8/1324



Governor Abbott already has federal law on his side.  Garland is a fool.  Thank God this man did not end up on our Supreme Court.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-